Why We Have No Theory of European Private Law Pluralism
نویسندگان
چکیده
The recent popularity of legal pluralism has now reached the area of European private law. In this paper I scrutinize the concepts of legal pluralism used by three of its most prominent proponents: Pierre Legrand, Jan Smits, and Thomas Wilhelmsson. I do not offer fully-fledged criticism of their theories (each of which are among the most fascinating and helpful in the European private law debate) but only address their use of ideas of legal pluralism, and the relation of these ideas with the legal pluralism debate. My analysis shows not only that these three use sharply different concepts of legal pluralism, but also, that none of these three concepts is in accordance with traditional definitions of pluralism. Further, it turns out that several points of criticism can be raised against their theories that stem from the legal pluralism debate. I do not, here, take the second step of determining whether an actual concept of European private law pluralism can be established – and whether such a concept can withstand the criticism that has been voiced against the idea of legal pluralism.
منابع مشابه
The Challenges of Private Law: A Research Agenda for an Autonomy-Based Private Law
, Property : Values and Institutions ( New York , Oxford University Press , 2011 ) ; H Dagan and MA Heller , The Choice Theory of Contracts ( New York , Cambridge University Press , 2017 ) forthcoming; H Dagan , ‘ Pluralism and Perfectionism in Private Law ’ ( 2012 ) 112 Columbia Law Review 1409 ; H Dagan and A Dorfman , ‘ Just Relationships ’ ( 2016 ) 116 Columbia Law Review forthcoming. 2 A B...
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